S.D. Admin. R. 20:03:03:02

Current through Register Vol. 51, page 67, December 16, 2024
Section 20:03:03:02 - Documentary evidence to be produced by respondent

Whenever possible the investigating official shall obtain documentary evidence and statements from parties and witnesses by voluntary compliance. If there is noncompliance with any such request or if, in the opinion of the investigating official, the situation warrants it, the director of the division or any commissioner may subpoena parties and witnesses to appear and give testimony and to produce any records, books, papers, and documents; may require written interrogatories of parties; and may utilize any other discovery procedure authorized by South Dakota laws governing discovery in a civil proceeding. If written interrogatories are requested, they shall be completed and returned within the time frame established in SDCL 15-6-33(a), (b) and (c). For good cause, the investigating official may grant an extension of time for the completion and return. Since this investigation is conducted pursuant to SDCL 20-13-32 and for the purpose of determining whether probable cause exists, notice of discovery proceedings to parties is not required.

S.D. Admin. R. 20:03:03:02

SL 1975, ch 16, § 1; 3 SDR 49, effective 1/18/1977; 5 SDR 27, effective 10/17/1978; 12 SDR 151, 12 SDR 155, effective 7/1/1986.

General Authority: SDCL 20-13-27.

Law Implemented: SDCL 20-13-32.

Civil procedure -- Discovery, SDCL 15-6-26 to 15-6-37, inclusive.